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Matter of English v. N.Y. City Transit Auth

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1994
203 A.D.2d 288 (N.Y. App. Div. 1994)

Opinion

April 4, 1994

Appeal from the Supreme Court, Kings County (Jackson, J.).


Ordered that the judgment is affirmed, with costs.

The resolution of a dispute properly submitted to arbitration will not readily be disturbed by the courts (see, Maross Constr. v Central N.Y. Regional Transp. Auth., 66 N.Y.2d 341, 346). All questions of fact and law are decided by the arbitrator, and the arbitrator's determination is conclusive, unless some violation of CPLR 7511 can be established (see, Matter of Sprinzen [Nomberg], 46 N.Y.2d 623, 629; Binghamton Civ. Serv. Forum v City of Binghamton, 44 N.Y.2d 23; CPLR 7511).

The petitioner bus driver was dismissed from her position on the basis of a verbal and physical altercation with a passenger. At the arbitration proceeding, the petitioner maintained that the incident never occurred. She attempted to present evidence that, in fact, she was dismissed in retaliation for sexual harassment complaints she made against her supervisor, but the arbitrator prevented her from doing so. Contrary to the petitioner's contention, the preclusion of such evidence did not constitute "misconduct" (see, CPLR 7511 [b] [1] [i]; Matter of Professional Staff Congress/City Univ. v Board of Higher Educ., 39 N.Y.2d 319). In light of the overwhelming evidence that the altercation between the petitioner and the complainant passenger did indeed occur, evidence of prior complaints of sexual harassment by the petitioner was irrelevant.

We have reviewed the petitioner's remaining contentions and find them to be without merit. Sullivan, J.P., Miller, Joy and Friedmann, JJ., concur.


Summaries of

Matter of English v. N.Y. City Transit Auth

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1994
203 A.D.2d 288 (N.Y. App. Div. 1994)
Case details for

Matter of English v. N.Y. City Transit Auth

Case Details

Full title:In the Matter of FRANCINE ENGLISH, Appellant, v. NEW YORK CITY TRANSIT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 4, 1994

Citations

203 A.D.2d 288 (N.Y. App. Div. 1994)
610 N.Y.S.2d 67

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